R&I update - January 2020

Welcome to the latest edition of the R&I update, summarising the more interesting recent legal developments in restructuring and insolvency.

New compensation order regime applied in UK

Nick Moser and Alexander Tocili discuss the Secretary of State's successful application for an order against a disqualified director under the new compensation order regime, on behalf of certain creditors resulting in them recovering their debts ahead of other creditors of the insolvent company.

Knowledge of insolvency in German exchange transactions

Tobias Rhode considers a recent ruling which reduces the significance of a debtor’s knowledge of their insolvency where the debtor has made a payment on the justified assumption that they will receive a benefit in exchange.

Crowdlending and insolvency risks in Germany

Lisa Iwersen explains why Crowdlending Platform Operators must assess the insolvency-specific risks of borrowers and guarantors when pursuing and enforcing claims.

New revolutionary insolvency scheme to come out of the Netherlands

Ralf van der Pas looks at a new scheme providing for court confirmation of an out-of-court restructuring plan which can bind some or all creditors and/or shareholders involved, which is expected to enter into force in the Netherlands in 2020.